It may be possible for you to get your child back from long-term foster care in the UK, but this will depend on several factors, such as why your child was placed in care and how far you have come in resolving the issues that caused your child to be put in to care in the first place.
You must wait at least six months from the date the care order was issued by the court before applying to discharge it to get your child back. However, there is no fixed timeframe for how long the overall process will take to get your child back from foster care. This will depend on how quickly the parent can demonstrate that they have resolved the issues that led to their removal.
You may also be able to contact your child while they are in foster care. The level of access/contact is normally considered by the relevant Local Authority during regular ‘Looked After Children Reviews’, which you can also attend. If you are concerned that you are not being given sufficient contact with your child by the Local Authority during this review process, you can apply to the court to increase the level of contact.
A guide to getting your child back from foster care in the UK
To get your child back from foster care in the UK, it is important to work closely with social services and a specialist family law solicitor who can help you show that you have resolved the issues that led to your child’s removal. In particular, we recommend taking the following steps:
- Fully understand the reasons that your child was placed into foster care
- Follow the care plan in place and work closely with social services
- Demonstrate that progress has been made and request a review of the case
- Apply to discharge your child’s care order
- Attend any court hearings where necessary
Given the importance of making a successful application to have your child returned from foster care, imperative that you seek the support, guidance, and expertise of a family lawyer who can help you through the full process. Contact our family law team for more information.
Fully understand the reasons that your child was placed into foster care
Before you start the process of trying to get your child back from foster care, you must understand exactly why they went into care in the first place. A child may be put into care for a wide range of reasons, including neglect, parent illness, physical abuse, emotional abuse, custody, or abandonment. Only by understanding the exact reasons why your child was put in foster care can you start to address them and prove to the court that the care order should be lifted.
Follow the care plan in place and work closely with social services
Care plans set out how a child should be cared for by a foster parent. They typically include how to make the child feel settled in their new setting and how the child’s parents can continue to be involved for the benefit of the parent/child relationship, where possible. It is essential that you comply with the arrangements set out in the care plan and that you work closely with social services to ensure that you are doing what is expected of you and that they can see the changes you have made.
Demonstrate that progress has been made and request a review of the case
The courts will only agree for a care order to be discharged to place your child back into your care from that of a foster carer if you can show that you have made considerable progress. If you can show that you have turned your life around and dealt with the issues that led to the care order, such as mental health problems, misuse of alcohol or drugs, or incidents of domestic abuse, you have a good chance of having the order being discharged. It is not enough simply to tell the courts that you want your child back; ultimately, they will consider what is in the best interests of the child. If they are not satisfied that you have made strong progress, they are likely to refuse your care order discharge application.
A family lawyer can help you understand the type of actions and behaviours that the courts will be looking for as evidence of your progress. Once you are confident that you have made solid improvements in overcoming the factors that led to your child being put into care, you can ask for a review of the case.
Apply to discharge your child’s care order
Once you have had a review of your case by a social worker and they are satisfied that you have made strong progress since your child was taken into care, your family lawyer can prepare and submit your application to discharge a care order. This can be done by completing and submitting form C110A1, along with any evidence or reports from CAFCASS or a social worker. However, more often than not, it is the Local Authority that applies to have the care order discharged.
Depending on the circumstances of your case, the court may agree to place your child into your care either on a permanent or trial basis. It may be that a successful trial is needed before applying to discharge the care order.
The court, considering your case, will assess the current situation in order to determine whether the care order is still needed or if a different type of order should be put in place.
Attend any court hearings where necessary needed
Once your application to have your child’s care order lifted has been received, the court will write to you to explain the next steps. This may include attending a hearing to review the evidence and make a decision. A family lawyer can attend the hearing/s with you and provide the representation needed to ensure that your case is successful and that your child is returned to your full-time care.
References
1 GOV.UK: Form C110A
